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100 Audubon Holdings, Lp v. Ruben Hernandez

APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT


April 5, 2011

100 AUDUBON HOLDINGS, LP,
PETITIONER-LANDLORD-RESPONDENT,
v.
RUBEN HERNANDEZ,
RESPONDENT-TENANT-APPELLANT.

Tenant appeals from an order of the Civil Court of the City of New York, New York County (Bruce E. Scheckowitz, J.), dated March 12, 2010, which denied his motion to stay execution of a warrant of eviction in a nonpayment summary proceeding.

Per curiam.

100 Audubon Holdings, LP v Hernandez

Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on April 5, 2011

PRESENT: Schoenfeld, J.P., Shulman, Hunter, Jr., JJ

Order (Bruce E. Scheckowitz, J.), dated March 12, 2010, affirmed, without costs.

On this record, and in view of the tenant's repeated failure to comply with the unambiguous payment deadline extensions provided in court orders, including one specifically denominated as "final," the denial of a further stay of execution of the warrant of eviction was appropriate (see Chelsea 19 Assoc. v James, 67 AD3d 601, 602 [2009]; Jones St. Bldg. Assoc. v Moskowitz, 29 Misc 3d 132[A], 2010 NY Slip Op 51920[U] [2010]; M & R Realty Co., LLC v Brumfeld, 28 Misc 3d 139[A], 2010 NY Slip Op 51537[U] [2010]).

We have considered and rejected tenant's remaining contentions.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Decision Date: April 05, 2011

20110405

© 1992-2011 VersusLaw Inc.



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